Criminal Procedure Act 1986 Criminal Procedure Amendment Regulation 1999 (1999-688) [GG No 144 of 24.12.1999, p 12206] (NSW)
1999 No 688
| Criminal Procedure Amendment | New South Wales |
Regulation 1999
under the
Criminal Procedure Act 1986
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Criminal Procedure Act 1986.
J. W. SHAW, Q.C., M.L.C.,
Attorney General
Explanatory note
The object of this Regulation is to amend the Criminal Procedure Regulation 1995 as a consequence of the transfer of certain provisions from the Crimes Act 1900 to the Criminal Procedure Act 1986 that has been effected by the enactment of the Crimes Legislation Amendment (Sentencing) Act 1999.
This Regulation is made under the Criminal Procedure Act 1986, including section 5 (the general power to make regulations) and sections 49, 104, 111 and 127.
| Published in Gazette No 144 of 24 December 1999, page 12206 | Page 1 |
| [8] | |
| 1999 No 688 | |
| Clause 1 | Criminal Procedure Amendment Regulation 1999 |
Criminal Procedure Amendment Regulation 1999
1 Name of Regulation
This Regulation is the Criminal Procedure Amendment Regulation
1999.
2 Commencement
This Regulation commences on 1 January 2000.
3 Amendment of Criminal Procedure Regulation 1995
The Criminal Procedure Regulation 1995 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
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Criminal Procedure Amendment Regulation 1999
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 4 Offences not within jurisdiction of District Court: sec 11
Omit “section 5”. Insert instead “section 11”.
[2] Clause 7 Listing for mention following committal for trial: sec 42
Omit “section 9”. Insert instead “section 42”.
[3] Clause 8 Transcript
Omit “section 122” from clause 8 (1) (b). Insert instead “Part 5A”.
[4] Clause 8 (3) (b)
Omit “section 9”. Insert instead “section 42”.
[5] Clause 11A Definitions—Part 3A
Omit “Part 6A” wherever occurring. Insert instead “Part 9”.
[6] Clause 11A (1), definition of “victim’s representative”
Omit “section 23E”. Insert instead “section 169”.
[7] Clause 11B Purpose of Part 3A
Omit “section 23E”. Insert instead “section 169”.
[8] Clause 12 Prescribed form: sec 161
Omit “section 21”. Insert instead “section 161”.
[9] Clause 13 Prescribed persons: sec 161
Omit “section 21”. Insert instead “section 161”.
[10] Clause 14 Prescribed form of words: sec 25
Omit “section 33H”. Insert instead “section 25”.
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| Schedule 1 | Amendments |
[11] Clause 15 Form and manner of election and withdrawal of election: sec 26
Omit “section 33I” wherever occurring. Insert instead “section 26”.
[12] Clauses 15A, 15B, 15C and 15D
Insert after clause 15:
15A Notice of intention to adduce evidence of substantial mental
impairment: sec 49For the purposes of section 49 (1) of the Act, the prescribed form of notice is Form 5.
15B Compellability of spouses to give evidence in certain
proceedings: sec 104
For the purposes of section 104 (5) (b) of the Act, the prescribed form in which a court’s reasons are to be recorded is Form 6.
15C Depositions by persons dangerously ill: sec 111 For the purposes of section 111 (2) of the Act, the prescribed form in which a deposition must be taken is Form 7.
15D Certificate by AG or DPP that no further proceedings to be
taken: sec 127For the purposes of section 127 (1) of the Act, the prescribed form of certificate is Form 8.
[13] Schedule 1 Forms
Omit “section 21” from Form 1. Insert instead “section 161”.
[14] Schedule 1, Form 3
Omit “s. 23E” from item (4). Insert instead “s. 169”.
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| Amendments | Schedule 1 |
[15] Schedule 1, Forms 5–8
Insert after Form 4:
Form 5
(Clause 15A)
Notice of intention to adduce evidence of substantial
impairment
(Criminal Procedure Act 1986, section 49)
R v (insert name of defendant)
The defendant . . . . . . . . . . . . . . . . . . . . . . . . . . has been committed for
trial on a charge of murder. The trial is listed for hearing on . . . . . . . . .
. . . . . . . . . . at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In accordance with section 49 of the Criminal Procedure Act 1986,
notice is given to the Director of Public Prosecutions that the defendant
intends to adduce evidence tending to prove a contention by the
defendant that the defendant is not liable to be convicted of murder by
virtue of section 23A of the Crimes Act 1900.To the Director of Public Prosecutions: in support of that contention: [List the name, occupation and address of each person to be called by the defendant, and include (in relation to each such person) a short statement of the particulars of the evidence that the person proposes to give. If more space is needed, attach material to this form.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant/defendant’s legal practitioner
Date: . . . . . . . . . . . . . . .
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Form 6
(Clause 15B)
Reasons for excusing a spouse from giving evidence for the prosecution in a domestic violence or child assault
case
(Criminal Procedure Act 1986, section 104)
On this date, I, the undersigned, a Judge of the Supreme Court/Judge of the District Court/Magistrate, sitting at . . . . . . . . . . . . . . . . . in the State of New South Wales, dealt with an application under section 104 of the Criminal Procedure Act 1986, that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . be excused from giving evidence for the prosecution in proceedings against . . . . . . . . . . . . . . . . . charged with the following offence:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I am satisfied, for the reasons stated below, that the application to be excused was made freely and independently of threat or any other improper influence by any person and that:
(a)
it is relatively unimportant to the case to establish the facts in relation to which it appears that the husband or wife is to be asked to give evidence or there is other evidence available to establish those facts; and
(b)
the offence with which the accused person is charged is of a minor nature.
Reasons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .
Judge/Magistrate
Date: . . . . . . . . . . . . . . .
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Form 7
(Clause 15C)
Form of deposition
(Criminal Procedure Act 1986, section 111)
The deposition of . . . . . . . . . . . . . . . . . . . . . . , a person now dangerously ill, taken before the undersigned Justice at . . . . . . . . . . . . . . . . . . . which said . . . . . . . . . . . . . . . . . . . . . . . . , being duly sworn, states as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[The witness’s statement is to be in the first person, and should be reasonably full as to all material facts. The statement should be signed by the witness.]
And I hereby certify that I have taken this deposition under section 111 of the Criminal Procedure Act 1986 because it has been made to appear to me that the deponent is dangerously ill and that his or her evidence, if not immediately taken, will probably be lost.
. . . . . . . . . . . . . . . . . . . . . .
Justice
Date: . . . . . . . . . . . . . . .
[If the deposition is by affirmation or declaration, the form is to be
varied accordingly.]
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Form 8
(Clause 15D)
Certificate of Attorney General or Director of Public
Prosecutions
(Criminal Procedure Act 1986, section 127)
This is to certify that no further proceedings are to be taken with respect to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , a person who is in custody on remand in the correctional centre at . . . . . . . . . . . . . . . . . . . . . . . , under the order of . . . . . . . . . . . . . . . . . , a Judge of the Supreme Court, or . . . . . . . . . . . . . . . . , Justice, on the following charge:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To their Honours the Judges } of the Supreme Court. } . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attorney General or Director of Public Prosecutions
Date: . . . . . . . . . . . . . . .
BY AUTHORITY
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